Opinion
September 23, 1997
Appeal from Supreme Court, Bronx County (Robert Straus, J., at hearing; Roger Hayes, J., at jury trial).
The verdict was based on legally sufficient evidence and was not against the weight of the evidence ( see, People v. Bleakley, 69 N.Y.2d 490). Issues relating to the reliability of identification testimony were properly placed before the jury, and there is no reason in the record to disturb the jury's determination.
Defendant's challenge to the receipt of evidence of an uncharged crime is unpreserved and we decline to review it in the interest of justice. Were we to review it, we would find that the evidence was properly admitted both to establish an element of the crime ( see, People v. Stokes, 203 A.D.2d 127, lv denied 84 N.Y.2d 872), and as background material to complete the police narrative ( see, People v. Till, 87 N.Y.2d 835).
We perceive no abuse of sentencing discretion.
We have reviewed defendant's remaining contentions, including those contained in his pro se supplemental brief, and find them to be without merit.
Concur — Murphy, P.J., Sullivan, Ellerin and Williams, JJ.